“59ASpecial considerations if insurer under Part 10 of Injury Prevention, Rehabilitation, and Compensation Act 2001 is subject to statutory management

A statutory manager of an insurer to whom Part 10 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 applies must not—

“(a)exercise any power conferred by this Part if to do so would prejudice the need to ensure that arrangements are in place to ensure that the obligations of the insurer to provide statutory entitlements under that Act are met without interruption; or

“(b)enter into a contract of sale under this Part unless another insurer or the Accident Compensation Corporation is liable to provide those statutory entitlements under Part 10.”

The item relating to the Criminal Justice Act 1985 was repealed, as from 30 June 2002, by section 187 Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2Sentencing Act Commencement Order 2002 (SR 2002/176).

Any amount of levy payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 that is to be collected with excise duty on any motor spirits is in addition to, and is not included in, the amount of excise duty on those motor spirits.”

“(f)to co-operate with the Accident Compensation Corporation under the Injury Prevention, Rehabilitation, and Compensation Act 2001 in so far as its responsibilities relate to the promotion of the rehabilitation of persons who suffer personal injury for which they have cover under that Act:”.

Omit from section 5(2)(b) the words “clause 25 of Schedule 6 of the Accident Insurance Act 1998” and substitute the words “clause 25 of Schedule 5 of the Injury Prevention, Rehabilitation, and Compensation Act 2001”.

“(2)If any person has suffered personal injury (within the meaning of the Injury Prevention, Rehabilitation, and Compensation Act 2001) covered by that Act, no damages (other than punitive damages in accordance with section 57(1)(d) of this Act) arising directly or indirectly out of that personal injury—

“(a)may be sought by or on behalf of that person in any proceedings under section 50 or section 51 of this Act:

“(b)may be awarded to or for the benefit of that person in any such proceedings.”

Health and Disability Services Act 1993 (1993 No 22)

Repeal section 33(3) and (4) and substitute:

“(3)Despite anything in this Act, the Health Funding Authority,—

“(a)for the purposes of the Injury Prevention, Rehabilitation, and Compensation Act 2001, may enter into an agreement or contract or arrangement with the Corporation in relation to the purchase of goods, services, or facilities for the purposes of the Corporation; and

“(b)must carry out any obligation imposed on it under section 301 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

“(4)In subsection (3), Corporation has the same meaning as in the Injury Prevention, Rehabilitation, and Compensation Act 2001.”

Omit from section 34(3) the words “sections 361 and 363 of the Accident Insurance Act 1998” and substitute the words “section 301 of the Injury Prevention, Rehabilitation, and Compensation Act 2001”.

“(2)For the purpose of recovering the expected cost to the Crown of the administration of this Act, there is payable—

“(a)by every employer, on the amount of earnings paid or deemed to have been paid by the employer to the employer's employees, a levy at a rate or rates prescribed by regulations made, on the recommendation of the Minister, under this Act; and

“(b)by every earner who has earnings as a self-employed person, on the amount of earnings as a self-employed person derived or deemed to have been derived by the earner, a levy at a rate or rates prescribed by regulations made, on the recommendation of the Minister, under this Act; and

“(c)by every shareholder-employee to whom section OB 2(2) of the Income Tax Act 1994 applies, on the amount of earnings derived or deemed to have been derived by the shareholder-employee, a levy at a rate or rates prescribed by regulations made, on the recommendation of the Minister, under this Act.

“(3)The funding levy must be added to, and is deemed part of, the Residual Claims levy; and—

“(a)the funding levy is payable, collected, and remitted, and penalties are payable in respect of it, as if it were the Residual Claims levy; and

“(b)the Corporation and the Commissioner of Inland Revenue have all the powers in respect of the funding levy that they have in respect of the Residual Claims levy; and

“(c)the Commissioner of Inland Revenue is not required to refer separately to or account separately for, or identify, any funding levy in performing his or her functions in relation to the Residual Claims levy or the funding levy.

“(4)The Corporation must, by the 20th day of the month after the month in which the Corporation receives any funding levy from the Commissioner of Inland Revenue, pay that funding levy to the Secretary.

“(5)The Corporation may charge the Secretary a fee for collecting the funding levy.

“(6)The Secretary must pay into the Crown Bank Account all of the funding levy the Corporation pays to the Secretary.

“(7)The Minister must not recommend the making of regulations for the purposes of subsection (2) without first consulting the Corporation.

“(8)Subsection (7) does not limit the generality of section 21(2) of this Act.”

Holidays Act 1981 (1981 No 15)

[Repealed]

Schedule 6 was amended, as from 1 April 2004, by section 91(1) Holidays Act 2003 (2003 No 129) by repealing so much as relates to the Holidays Act 1981.

“income does not include any amount that an applicable person might be considered to derive from any impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 or lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998 received by the person on or after the date on which this subsection comes into force for the period of 12 months following the receipt of that payment

“property does not include any such impairment lump sum or a lump sum payment of an independence allowance received by an applicable person for the period of 12 months following the receipt of that payment.”

Omit from clause 9(b) of Schedule 2 the words “an insurer under the Accident Insurance Act 1998” and substitute the words “the Corporation or an insurer under the Injury Prevention, Rehabilitation, and Compensation Act 2001”.

“(2)If, on or after the date this subclause comes into force, a person receives an impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, then for the period of 12 months following the receipt of that lump sum payment, the applicable amount in subclause (1)(a) or (b) is considered to be increased by the amount of that payment.”

“(iii)all amounts payable to the Accident Compensation Corporation in accordance with section 115(17) of the Accident Rehabilitation and Compensation Insurance Act 1992 or clause 4 of Schedule 5 of the Accident Insurance Act 1998 or clause 4 of Schedule 4 of the Injury Prevention, Rehabilitation, and Compensation Act 2001:”.

Medical Practitioners Act 1995 (1995 No 95)

[Repealed]

The item relating to the Medical Practitioners Act 1995 was omitted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

Insert in paragraph (f)(ix) of the definition of income in section 3(1), after the expression “1998”, the words “, or any impairment lump sum received under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001”.

“(a)clause 64 of Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 applies in respect of the deceased; or”.

Insert in section 61EC, after subsection (3), the following subsection:

“(3A)If, on or after the date this subsection comes into force, a person receives an impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, then, for the period of 12 months following the receipt of that lump sum payment, the applicable amount in subsection (3) is considered to be increased by the amount of that payment.”

Insert in section 61EC, after subsection (4), the following subsection:

“(4A)For the period of 12 months referred to in subsection (3A), subsection (4) does not apply to any lump sum payment referred to in subsection (3A) received by the applicant or the applicant's spouse.”

Omit from section 69C(4) the words “or an entitlement under the Accident Insurance Act 1998,” and substitute the words “or an entitlement under the Injury Prevention, Rehabilitation, and Compensation Act 2001,”.

“(3)In this section, weekly compensation means weekly compensation for loss of earnings or loss of potential earning capacity payable to the person by the Corporation under the Injury Prevention, Rehabilitation, and Compensation Act 2001.”

“income does not include any amount that a person might be considered to derive from any impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, or from any lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, received by the person on or after the date on which this subsection comes into force for the period of 12 months following the receipt of that payment

“property does not include any such impairment lump sum or lump sum payment of an independence allowance received by a person for the period of 12 months following the receipt of that payment.”

“(1B)A deduction notice may be issued under subsection (1) to the Accident Compensation Corporation requiring the Corporation to deduct the amount due from any weekly compensation in respect of loss of earnings or loss of potential earning capacity that is payable, or becomes payable, to the debtor by the Corporation under the Injury Prevention, Rehabilitation, and Compensation Act 2001.”

Omit from section 126 the words “Part 3 of Schedule 1 of the Accident Insurance Act 1998” and substitute the words “Part 1 of Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001”.

“4If, on or after the date this subsection comes into force, a person receives an impairment lump sum under Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 or Part 4 of Schedule 1 of the Accident Insurance Act 1998, then, for the period of 12 months following the receipt of that lump sum payment, the applicable amount in clause 1 or clause 2 or clause 3 is considered to be increased by the amount of that payment.”

An item relating to section 69F Social Security Act 1964 was omitted, as from 1 July 2005, by section 13(2) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

“(c)the full amount of the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 in respect of the period for which the licence is issued has been paid.”